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Media Statement
22 April 2021
The Working Women’s Centres call on the Federal Government to immediately take action and fund the Northern Territory and Queensland Working Women’s Centres.
The funding and establishment of Working Women’s Centres in every Australian state and territory is essential to addressing workplace sexual harassment, and forms a key part of the Respect@Work report, appearing at recommendation 49.
The recommendation is that ‘Australian governments provide increased and recurrent funding to working women’s centres, to provide information, advice and assistance to vulnerable workers who experience sexual harassment, taking into account particular needs of workers facing intersectional discrimination.’
The Federal Government has agreed to this recommendation in the Roadmap for Respect. However, the government has failed to provide certainty as to its funding commitment or timeframes around these discussions.
We cannot wait. The Northern Territory and Queensland WWCs have 10 weeks to find funding or face the prospect of closing. This will be devastating to working women in QLD and the NT and it will fly in the face of the federal governments promises to address gendered violence in the workplace.
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The Government must act now and immediately fund the NT and QLD services. Our clients, communities and working women are depending on us. Working Women are depending on the government to save their services, who work and understand the local environment and the challenges in which they live and work.
Funding Working Women’s Centres is an easy, immediate and tangible solution for the prevention of sexual violence. This is the first test for the new Attorney General and the federal government since their response to the Report’s 55 recommendations.
Experts and leaders in gender equity regularly talk about the Working Women’s Centre holistic model as world leading. WWCs form the backbone of the fight to eliminate gendered violence in our workplaces and the community.
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Director of the QLD Working Women’s Centre Fiona Hunt says: “All women deserve safe workplaces and someone to champion them when they are treated unfairly. WWC QLD works with the most vulnerable women in QLD to keep them employed, to get what they are entitled and to walk away fairly if needed.”
Director, of the NT WWC Nicki Petrou says: “In a climate when women’s safety at work has again hit the headlines, when the Federal Government has committed to building women’s workforce participation, economic security and making women’s homes and workplaces safe, funding specialist women’s services such as the Working Women’s Centres who are here now continuing to do the work, in supporting women with workplace issues and throughout COVID is especially critical. This also makes good sense.”
Director of the SA WWC Abbey Kendall says: “The South Australian WWC is a great example of what a secure and funded and working women’s centre can do for workplaces, vulnerable people and working women. We make a big impact in South Australia but we need a national approach to this issue. We need an alliance of well funded Working Women’s Centres in every state and territory and the first step to achieving that is to save the NT and QLD centres”.
Media contacts:
WWC NT Director – Nicki Petrou, – 08 8981 0655 - nicki@ntwwc.com.au
WWC QLD Director - Fiona Hunt, 07 3847 5532 - fionah@brq.org.au
tor Abbey Kendall, 08 8410 6499, abbey@wwc.org.au
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Background on WWC
The Working Women’s Centres are not-for-profit organisations which providefree advice, representation and support to vulnerable, workers about their rights at work. Additionally, the WWC’s advocate for systemic change to improve women’s workplace conditions and safety, and offer a range of free and fee for service training for workers and employers about workplace rights. This includes bullying, sexual harassment, and appropriately responding to disclosures of domestic violence.
There are currently 3 WWCs across the country (SA, NT and QLD). The only WWC with secure funding is WWC SA with the QLD service now a program of the Basic Rights Centre following non continuation of its funding 4 years earlier.
The Working Women’s Centre is made up of three arms:
Industrial/Legal support – we provide advice and representation to vulnerable workers who contact the Centre with work issues through 1:1 clinic appointments
Advocacy – we conduct advocacy to resolve systemic issues that affect women and other vulnerable workers, such as sexual harassment and precarious work
Please note that this is general information & may not be relevant to your particular matter. This toolkit should not be taken as legal advice.
Who is an arts worker?
The term “arts workers” encompasses a hugely diverse range of workers. People working in the arts may be visual artists, they may work in the literary arts or the performing arts of dance, music, and theatre. There are even more types of workers when you consider all the roles supporting the arts including arts administration, production crews, ticket sellers, ushers, spruikers, and festival workers. The length of the list of arts workers is only confined to the limits of human creativity.
Working out your rights and entitlements in the arts can therefore be like finding your way in a labyrinth. Because of the diversity in the nature of work performed, there are many workplace laws that govern working in the arts.
Here are some questions and answers to common issues for arts workers.
Am I an employee?
Workers in the arts are commonly engaged as either employees or independent contractors. It is important to understand the nature of your engagement as a worker because there are different legal rights and obligations depending on the working relationship. For example, some workers are entitled to minimum rates of pay and leave, while others set their own pay and must organise their own leave arrangements.
How can you tell which is which?
Employees work in someone else’s business. The employer controls how, where and when they do their work, and pays them a wage or salary. Employees are entitled to superannuation and they have payroll tax deducted from their pay by their employer. Most employees are entitlement to minimum wages and conditions from an award.
Examples: Full-time arts administration worker, an usher at a theatre, casual sound engineer at a theatre company, or a food and beverage attendant in an outdoor bar at a festival or event.
Independent Contractors work for themselves and are their own boss. They are free to set their own fee for the work that they perform and have control of when and how they work. They should have an ABN, invoice for their work, and organise payment of their own taxation. They may invoice for completion of a job rather by the hour. There is no minimum rate an independent contractor can rely on, rather they set their rates according to the free-market.
Examples: a visual artist engaged to paint and complete two large murals, or a musician playing a three hour set at a particular event.
Sometimes the true nature of the relationship will be obvious but sometimes a more fulsome analysis of all the circumstances of the working relationship is required. There are a full range of factors to be considered in determining whether a worker is an employee or an independent contractor.
Some employers treat their workers as independent contractors when they are really employees. For example, the employer might require the workers to have an ABN and invoice for their work, yet they are paid by the hour and directed to work certain days and times at the employer’s discretion.
It is unlawful for an employer to misrepresent employment as an independent contracting arrangement. This is known as sham contracting and it is against the law.
If a worker is in a sham contracting arrangement, they may be entitled to claim unpaid wages, superannuation and leave entitlements, and the employer may be required to pay a penalty for breaking the law.
If you think you are in a sham contract arrangement you should contact the WWC for advice.
Where do employees find their minimum entitlements?
Awards or modern awards are legal documents that outline employees’ minimum pay rates and conditions.
There are more than 120 awards that cover most people who work in Australia. Awards apply to employers and employees depending on the industry or occupation they work in and the type of work they perform.
Here are some of the Awards that might apply to workers in the arts and some examples of the types of work they cover:
Amusement, Events and Recreation Award 2020:
Animal attendant, Ride attendant, Tour guide, Customer Service Officer, Meet and Greet/Concierge, Photography Attendant, Host/Presenter, Admissions/Entrance attendant, Usher, Ticket seller, Security Officer, Receptionist, Programme seller, Cashier
Broadcasting, Recorded Entertainment and Cinemas Award 2020:
Television Broadcasting, Radio Broadcasting, Cinema and film production, screen actors, Musicians for film and TV, Motion Picture Production, dancer, mime artist or puppeteer
Graphic Arts, Printing and Publishing Award 2020:
Creation of designs, concepts or layouts used in the advertising, marketing of commodities or services, commercial and industrial art including illustrations, borders, retouching of photographs, photographic reproportioning and lettering by hand
Live Performance Award 2020:
Producing, staging, audio/visual, presenting, performing, administration, programming, workshops, set and prop manufacture, operatic, orchestral, dance, erotic, revue, comedy, or musical performances; includes sale, service or preparation of food or drink; and selling tickets
Textile, Clothing, Footwear and Associated Industries Award 2020:
Fashion and Textile design
Travelling Shows Award 2020:
Travelling shows including the operation by an itinerant employer of any stand, fixture or structure for the purpose of providing amusement, food and/or recreation, carnival, rodeo, community event or festival
For a full list of all the moderns award and to access your award you can visit: https://www.fairwork.gov.au/awards-and-agreements/awards/list-of-awards
If you need help working out which award applies to the work you perform call the WWC.
Do I get breaks? How long should my shift be? – Common conditions in Awards
For specific information about your rights and entitlements you should find out the modern award that covers your employment. However, there are some common conditions within the awards that might apply to your work in the arts:
Breaks: Most awards stipulate that workers get a break after five hours. Some awards provide for paid breaks and others provide that breaks are unpaid. Some awards also provide for rest breaks as well as meal breaks.
Casual loadings: Most awards will provide a loading of 25% for casual workers to compensate them for not receiving sick leave, annual leave or paid public holidays.
Penalty rates: Most awards provide penalty rates which provides a higher hourly rate of pay for working unsociable hours like public holidays, late nights or early mornings and weekends.
Minimum engagement: Minimum engagement periods require that the minimum shift length must be a certain number of hours. The minimum engagement period is usually between two and four hours.
Overtime: Many awards provide that you get paid extra after working a certain number of hours in a day i.e. more than 10 hours in one shift.
We re-iterate that the conditions outline above are general and if you would like advice on your award entitlements contact the WWC.
What can I do if I’m being underpaid?
Claim the money back! There is no lawful basis for an employer to pay you less than the minimum wage in your award or contract.
You can calculate what is owed and request they pay you the difference between what you were actually paid and what the minimum entitlement should have been.
You have up to six years to follow-up wages owed to you as a result of wage theft. You can make a claim to the South Australian Employment Tribunal.
Our Industrial Officers can give you advice about claiming wages if you think you may be owed wages from a current or previous job. We also have other fact-sheets that can assist with drafting a letter of demand to your employer.
Sexual harassment in the arts is NOT OK!
The #Metoo Movement was born out of the art world and we know sexual harassment is a problem across the industry. The Media Arts Entertainment Alliance, the union that covers many arts workers in Australia, conducted a survey of sexual harassment, criminal misconduct, and bullying in the Australian live performance industry. The results showed that 40% of the respondents had experienced sexual harassment.
Sexual harassment is any unwelcome conduct of a sexual nature. If a reasonable person would anticipate that the behaviour might make you feel offended, humiliated, or intimidated, it may be sexual harassment.
Sexual harassment can include:
Sexual harassment does not have to be ongoing and can be one, single incident.
Some instances of sexual harassment can also be criminal offences, including physical or sexual assault.
Employers should have a policy for how to deal with sexual harassment in the workplace. It may involve a complaints process and an outline of how a complaint with be dealt with. Some workplaces may not have a policy and making a complaint of sexual harassment can be difficult. For example, making an internal compliant of sexual harassment may not be helpful in a small business, where the perpetrator is also the boss or the responsible for resolving complaints.
The Equal Opportunity Commission and the Australian Human Rights Commission can hear complaints about sexual harassment and victims can make claims for compensation.
The WWC Industrial Officers can give advice you further about sexual harassment in the workplace.
Random Questions from arts workers
Here are some RAQs (i.e. randomly asked questions) that we have received from people working in the arts:
Is it ok to be paid in tickets to shows, drinks, food, discounts, or other perks?
No. Additional perks are great, but these must be in addition to your minimum wages.
Can I have several jobs at the same time?
It is possible to work for different employers at the same time. However, some employers do not allow it, especially if the second job is for a competitor. They may have a policy prohibiting it. If that’s the case you should ask for permission before applying for that second job.
Is it ok to drink alcohol or take drugs at work?
No. Drinking alcohol or taking drugs at work can be characterised as gross misconduct and could result in termination of your employment, even if your supervisor or other staff are doing it and there is a culture condoning it. It is also a work health safety issue.
Is there are union for workers in the arts?
YES! The Media, Entertainments and Art Alliance (‘MEAA’) is the union that covers many workers in the arts sector. MEAA is the union for actors, entertainers, journalists and many more workers in the arts industry.
MEAA provides members with information on their workplace rights and advocacy to defend, promote and advance members’ rights at work.
MEAA membership also includes discounts plus benefits like journey insurance as well as professional development opportunities.
You can learn more about MEAA or join online here:
Contact the WWC for specific information and advice about your rights and entitlements at work.
Where can I get advice?
If you are a union member, call your union.
If you are not a union member, then please feel free to call the Working Women’s
Centre on: 08 8410 6499
or using our toll free number: 1800 652 697.
You can also submit an online enquiry on our website.
https://wwcsa.org.au/contact-us/
Please be aware that we may not be in a position to respond to your enquiry within 24 hour’s, but we will advise you of the waiting period when you first telephone or email us.
Listen to the recording of our panel event ‘Working in the Arts’ featuring arts workers based on Kaurna land.
Our Panelists:
Gemma Beale
Letisha Ackland
Emma Webb
You’ll also hear from an Industrial Officer from the Working Women’s Centre about how you can protect your workplace rights in the Arts.
Young women have been disproportionately impacted by the loss of work, isolation and stress caused by COVID-19 in South Australia. The Working Women’s Centre is proud to launch our report which looks at the gendered impacts of COVID-19. In this report we present an optimistic vision for how we can improve gender equality through the COVID-19 recovery.
To make sure that the stories and recommendations in this report are heard by decision makers, we need your help. RSVP for the report launch to help us spread the word and find out how you can take action.
The report launch will be held at the Jade from 4-5pm on Thursday 29th of April. We will hear members of our Young Women’s Employment Council who will give a summary of the report and talk about action that can be taken to improve economic equality for young women.
Due to capacity limits, RSVPs are essential.
This report is part of a Working Women’s Centre youth project that is funded by the Government of South Australia – Department for Human Services.
We acknowledge that this event is on Kaurna land and we pay our respect to the traditional custodians of the land, past and present . Sovereignty was never ceded.
May Day (also known as International Workers Day or Labour Day) is a celebration of working people standing together for justice.
This year the Womens’ March4Justice movement will be part of the May Day celebrations to show solidarity with the union movement and to continue the fight for safer workplaces for women.
We acknowledge that this event is on Kaurna land and we pay our respect to the traditional custodians of the land, past and present . Sovereignty was never ceded.
Young women’s recent brave advocacy for a safer future has focused national attention on the urgent need for systemic action. Brittany Higgins has come forward with an allegation that she was raped in Parliament House. Friends of a woman who has now died have spoken out about rape allegations against our country’s Attorney-General. Dhanya Mani has spoken up for a safer future and prioritising survivors after the woeful response to her allegation of indecent assault. Chanel Contos has called out rape culture in schools. Australian of the Year, Grace Tame, has spoken out about coverup culture and abuse of power.
Every single day survivors disclose violence to a system that doesn’t care enough to bring them justice.
Enough is enough.
Rape and other acts of gendered violence have profound, life-long consequences for survivors, often including physical disabilities and mental health conditions. Yet our prevention infrastructure and support services are not resourced to adequately support survivors’ safety. And systems too often fail to hold perpetrators to account.
We deserve better.
Our parliamentary leaders must treat all forms of gendered violence as seriously as other threats to community safety.
Political leaders must take decisive action to make parliaments a safe place for everyone. Including improving the rules governing political staffers and party members to prevent abuse, addressing inequality, providing accessible independent reporting avenues, and ensuring real accountability for misconduct. But action in this moment must extend beyond our parliaments.
There is also a crisis in our communities. Horrific violence is being perpetrated and enabled across the country – the result of a wider cultural and systemic problem that manifests in schools, workplaces, institutions and homes. For many, these drivers of violence are further enabled by intersecting power dynamics that increase barriers to a safer future. For Aboriginal and Torres Strait Islander women, resisting the ongoing impacts of colonisation and racism is inseparable from gender justice. Intersecting systems of power and oppression also increase barriers to safety for women from culturally and linguistically diverse backgrounds, women with disabilities, younger women, older women, women in institutional care, women in prison, women in insecure work, and trans and gender diverse people as they strive for safety and justice. Too often, impunity is the outcome.
It is the responsibility of governments to intervene in the systems that continue to enable violence. Survivors and community leaders are already working for a safer future – it’s time governments properly supported solutions, particularly the leadership and self-determination of First Nations communities.
There are clear pathways to a safer future. We demand the action from leaders needed to make it happen.
This must also include:
Prevention: Implement the full spectrum of long-term systemic prevention initiatives that can address the underlying causes of gendered violence, including sexism and intersecting forms of discrimination. Starting with comprehensive whole-of-school education programs.
Resourcing services and accountability mechanisms: Properly resource the specialist services that victim-survivors of gendered violence rely on to report, be safe and recover. Resource the mechanisms needed to hold perpetrators to account.
Law reform: Improve access to justice for victim-survivors of sexual assault through substantive and procedural law reform, and educate the workforce so responses are appropriate and trauma-informed.
Addressing workplace sexual harassment: Action all recommendations of last year’s Respect@Work: Sexual Harassment National Inquiry Report.
Anything else falls short, and is a decision to leave women in danger.
We must believe, support and listen to survivors, hold perpetrators accountable, and properly resource solutions to prevent gendered violence from occurring in the first place.
This article was published by City Mag 18 March 2021.
Listen to the full interview on The Wire here.
Recent cases instigating this public action include the alleged rape of former Liberal Party staffer Brittany Higgins by a colleague, and a historical 1988 rape accusation levelled at Attorney-General Christian Porter (which he denies).
From within the crowd, CityMag saw speeches in the Square, before protesters marched to Parliament House and back. The first speaker was Kaurna and Wirangu woman Rosemary Wanganeen.
Rosemary tells the crowd colonisation and the “Western patriarchal construct” created the “greater potential” for society’s male elite “to live in privilege”.
“Those living in a society with a Western patriarchal and colonised mindset depend on us as women to fall into a rabbit warren of hopelessness, in the hope that believing is all too hard. But we’re not going to do that, are we?” Rosemary says. The crowd responds: “No”.
“We are going to keep making noise,” Rosemary continues, “and yes, we’re going to get emotional.”
CityMag speaks to a number of protesters while the speeches rage on, including a 67-year-old “survivor of sexual assault”, who we’ve chosen not to name.
She says while working in the corporate world she’d “seen a lot” in terms of sexual harassment. “Enough is enough,” she says.
In another group of protesters, we meet Barbara and Quintin McIntyre. We ask why they’re here. Barbara breaks into tears. Quintin, her husband, answers: “[Barbara] told me before that she wants things to change so her granddaughters don’t go through what she went through.
“You don’t need another review. You need things to actually change.”
Barrister Clare O’Connor also spoke at the event, saying this national effort was spurred on by the last three weeks of “disgusting information” emanating from Canberra, and government leaders need to commit to reform.
“There’s been a very, very good inquiry with 55 recommendations that came down from the Human Rights Commission. It explained how to make a workplace safe,” she says, referring to the Respect@Work report.
“We need to demand action from our politicians in relation to these things. We need to demand action in relation to those workers who are protected, those who do not have to be investigated – those parliamentarians in Canberra. Why are they above the law?”
South Australia has been in the throes of its own toxic parliamentary issues, with the publication of the Acting Equal Opportunity Commissioner’s recent report into parliament finding sexual harassment “prevalent” and “the problem and its solutions sit at an organisational and cultural level”.
The report includes 16 recommendations aiming to prevent and appropriately handle sexual and discriminatory harassment in this particular workplace, however the document reiterates sexism will only really be eliminated “through concerted efforts to create cultural change”.
This interview was published by InDaily Monday March 15 2021
Read the full article on InDaily here.
The crowd of mostly women gathered on the steps of Victoria Square to the sound of John Farnham’s You’re The Voice with placards warning “I’m angry”, “enough is enough”, “no Porter in the house” and “we believe you Brittany”.
They then marched down King William Street towards Parliament House chanting “justice for women now” and “we will not be silenced”, before heading back to Victoria Square.
Among the protestors were SA politicians including SA Best MLC Connie Bonaros and Opposition Leader Peter Malinauskas, and human rights barrister Claire O’Connor SC.
The inaugural Adelaide March4Justice event, which started at noon, coincided with 35 protests across Australia, including in every capital city and many regional centres.
The protests supported a national march in Canberra, where a petition was delivered calling on Prime Minister Scott Morrison to act on gendered violence against women, including female Members of Parliament and staff.
The Adelaide protestors joined an estimated 100,000 people across the country calling for independent investigations into all cases of sexual harassment and assault.
South Australian protestors also called for SA Parliament to fully implement all 16 recommendations made in the Equal Opportunity Commission’s recent damning review into sexual harassment in State Parliament.
The protest’s co-organiser Dr Samantha Battams told reporters the review’s findings were not surprising.
“Women are silenced about these things – they don’t often speak up and tell their friends and family because they actually fear the consequences,” she said.
“We have already seen that with some of the national cases where women have lost their jobs.”
Barrister Claire O’Connor SC said she was the victim of violence and harassment in her workplace.
She said “every woman is here because she knows and she has experienced the pain and suffering that comes from being treated unfairly in the worksite, being treated unfairly in the home, being the victim of sexual assault and knowing that our voice doesn’t matter”.
“Enough is enough of the culture of not listening, not acting and blaming. That’s why we’re here.”
Former Federal Liberal staffer Chelsey Potter, who survived an alleged sexual assault by another former colleague in 2015, attended the Adelaide march.
She told InDaily that today was a “crucial moment for women in this country”.
“It’s actually quite emotional to feel that every woman has stood up and said ‘yeah this has happened to me’, or ‘I know someone this has happened to or you know what? I just don’t want this to happen anymore’,” she said.
“That’s an incredible thing – I’ve never actually witnessed something like this before and it’s a credit to Brittany Higgins and all the women who have stood up and said something.”
Potter said she hoped today would be “the beginning of an era where women will start calling assault and harassment out”.
Today is not the start of the social movement, but it is the start of a new notion and a new movement in Australia
She said there was was “no way” that politicians could ignore the protests happening across the country.
“They’re doing a very good job of trying to – particularly in not attending the march and I’m hoping there will be a minute to midnight change for government MPs, particularly for Coalition women to attend the march,” she said.
“I do feel like there’s no way but forward now.
“There certainly can’t be anymore ignorance on the issue, there certainly can’t be any more closed doors meetings, it has to be a conversation with women.”
The protest also heard from Kaurna and Arabunna woman Janette Milera, who organised the Black Lives Matter protest in Adelaide last year.
“Our women have been fighting the colonial white men from the day of colonisation,” she said.
“Our women have been raped, they have been taken and stolen and made as sex slaves since colonisation.
“We all need a change as women because this man’s law that we live under, it doesn’t work for any of us.”
One protestor, who InDaily has chosen not to name, held a sign that read: “Hear me rage. Justice for rape victims”.
“I’ve been raped and sexually abused four times in my life,” she said.
“I’ve reported it to police on four different occasions and… I haven’t taken it to court because of the damage it will do to me and my family.
“I haven’t been able to let out my rage and this is about me settling into my power and rage.”
October is sexual violence awareness month, and Reclaim the Night is a march that is traditionally held on the last Friday of October, to reclaim the streets so that women can walk at night without fear. This October, we gathered online to talk about reclaiming the workplace by ending sexual violence and harassment. We were joined by a panel of expert speakers to discuss what sexual harassment looks like, the extent of the problem in Australia, and what we can do to end sexual violence and harassment in our places of work and study.
Speakers:
Artwork by Cath Story. Find her art on Instagram @cathstorydraws
This webinar was streamed on Kaurna land. We pay our respect to the traditional custodians of the land, past, present and emerging. Sovereignty was never ceded.
What is sexual harassment?
Sexual harassment is unwelcome sexual behaviour where the victim feels offended, intimidated or humiliated, and it is reasonable in the circumstances to feel that way.
It has nothing to do with mutual attraction or friendship. If there is consent, it is not sexual harassment.
Sexual harassment is against the law. You do not have to put up with it.
Sexual harassment can take many forms:
Can sexual harassment be a criminal offence?
Forms of sexual harassment which may constitute criminal offences include:
These actions can be reported to the police.
What are the effects of sexual harassment?
Informal ways of dealing with harassment:
Formal ways of dealing with harassment:
Useful tips to consider if you are being sexually harassed in your workplace:
How can the Working Women’s Centre Help?
We can:
We have further fact sheets on sexual harassment to help to inform you about your options.
Where else can I go for help?
Other organisations that may be able to help include your union, the Australian Human Rights Commission and the Equal Opportunity Commission.
If you are not already a member of a union, ring SA Unions on (08) 8279 2222 to find out which union to join.
Australian Human Rights Commission: The Respect@Work Portal has many resources for both employees and employers. Phone: 1300 369 711 Web: www.humanrights.gov.au
Equal Opportunity Commission: Phone: (08) 8207 1977 Web: www.eoc.sa.gov.au
Making a Sexual Harassment complaint is a serious matter.
Other service providers
If your life or someone else’s life is in immediate danger, phone 000 (triple zero).
We often think about Workers Compensation claims as being claims for physical injuries. A construction worker with bad knees might spring to mind, a worker who types all day might have a compensable repetitive strain injury (RSI)condition or a landscaper might have a bad back.
It is important to remember that the South Australian workers compensation system (administered by an independent entity known as Return to Work SA) can also assist you if you are suffering from a psychological injury caused by sexual harassment in the workplace.
The South Australian workers compensation system is a no fault system. This means that you can be compensated for your injury regardless of whose fault it is. It can however be a long and traumatic process and we do encourage you to seek out support while you make a claim.
What is Sexual Harassment?
The Sex Discrimination Act 1984 defines sexual harassment as:
(1) A person sexually harasses another person (the person harassed ) if:
(a) the person makes an unwelcome sexual advance, or an unwelcome request for sexual favours, to the person harassed; or
(b) engages in other unwelcome conduct of a sexual nature in relation to the person harassed;
in circumstances in which a reasonable person, having regard to all the circumstances, would have anticipated the possibility that the person harassed would be offended, humiliated or intimidated.
Examples of sexual harrassment in the workplace
Sexual Harassment in the Workplace
Sexual harassment in the workplace continues to occur at unacceptable levels within Australian workplaces.
The latest Australian Human Rights Commission workplace sexual harassment survey, released in November 2022, has found that 1 in 3 workers had been sexually harassed at work in the previous five years.[1] This statistic has not changed since the previous survey in 2018.
In the 2017/2018 financial year, sexual harassment complaints to the South Australian Equal Opportunity Commission (EOC) were the second most prevalent. The 2017/2018 complaints were predominately from women but the Commission saw an increase in complaints from men too.
In 2016, the EOC was commissioned to deliver a report into sex discrimination and sexual harassment in the South Australian Police (SAPOL). In that report, the EOC found that 21% of women and 8% of men have experienced sexual harassment in the previous 5 years.
In December 2018, the Australian Council for Trade Unions (ACTU) released the findings from their 2018 survey into sexual harassment which found that 64% of women who responded to the survey had personally experienced sexual harassment in the workplace on one or more occasions. The survey also showed that 41.2% of those who had experienced sexual harassment did not disclose the sexual harassment to anyone. The ACTU survey elicited 9600 responses, a feat most statisticians wouldn’t sneeze at.
We could provide further statistics, at a local and international level but there is no need. It is well established that sexual harassment in the workplace is prevalent, has serious consequences for victims and workplaces, and seriously limits women’s equal participation in the workforce. This is why Sex Discrimination Commissioner, Kate Jenkins, led an enquiry into sexual harassment in the workplace and made 55 recommendations in the Respect @ Work Report.[2]
[1] The results of that survey can be found here: https://humanrights.gov.au/time-for-respect-2022
[2] Respect at Work: Sexual Harassment National Inquiry Report (2020) can be found online: https://humanrights.gov.au/our-work/sex-discrimination/publications/respectwork-sexualharassment-national-inquiry-report-2020#Za70h
Has sexual harassment caused you to suffer a psychiatric injury?
The Return to Work Act 2014[3] (the law that underpins the SA workers compensation system) defines injury as either a physical or mental injury. A mental injury is described in the Return to Work Act 2014 as a psychiatric injury and this means an injury that is ‘pure mental harm.’
To be eligible for worker’s compensation, work needs to have been the significant contributing cause of the mental injury.
[3] Return to Work Act 2014 section 4.
Case study
Julie works as an administrative assistant at a busy real estate agency. Julie works with all of the real-estate agents but spends most of her time assisting Graham, the owner of the agency. At first, Julie really enjoyed working with Graham. Graham was kind and took time to explain things to her when she wasn’t sure. After 6 months of work, Graham began emailing Julie and asking her about her weekend and other personal questions. Julie would tell Graham that she had a nice weekend and would give general details about her life. Julie wasn’t too worried about these questions but did think it was strange that Graham had such an interest her life. Graham would also regularly ask Julie about her boyfriend and details about their relationship. Julie began to feel uncomfortable but didn’t feel as though she could say anything. One night, Julie stayed back on a Friday night to have work drinks with her colleagues. At the end of the night, Graham asked Julie whether she enjoys having sex with her boyfriend. Graham then grabbed Julie’s breasts and tried to kiss her. Julie froze and tried to pull away. Julie left the party and Graham sent her explicit text messages. Julie was too scared to go to work on Monday and thought about just quitting. Julie wasn’t sleeping or eating and she was having panic attacks when she thought about having to see Graham. Julie decided to see her doctor. Julie’s doctor diagnosed her with depression and anxiety.
Julie’s depression and anxiety was caused by her work and this injury could be classified as a psychiatric injury for the purposes of lodging a workers compensation claim.
Let’s break down what ‘psychiatric injury’ means
In the Working Women’s Centre’s experience, psychiatric injuries often include depression disorders, post-traumatic stress syndrome, anxiety disorders and adjustment disorders.
All of these disorders have a range of symptoms including but not limited to feeling sad, moody, low, hopeless, nervous and feeling elevated stress or worry. Sometimes in a sea of feelings it is also hard to pinpoint what you’re feeling and that’s okay. Beyond Blue have provided a helpful checklist to help you navigate your way through this.
Here is a link:
There are many reasons why you might be suffering a psychiatric injury, this fact sheet deals with psychiatric injuries caused by sexual harassment in the workplace.
It doesn’t take a rocket scientist to understand that if you’re suffering from a psychiatric illness, it is may affect your work. In many cases, a psychiatric illness might manifest in high absenteeism (sick days), effect productivity, or effect your ability to cope with your workload and workmates.
Like any work injury, our community recognises that if your psychiatric injury has been caused by work then you may need time off to recover, receive medical attention and consider rehabilitation options. This is why we have a worker’s compensation system to help workers recover and rehabilitate. If your psychiatric injury has been caused by sexual harassment in the workplace and it has caused you to require medical attention or time off work, then you should seriously consider making a worker’s compensation claim. If you broke your arm at work, would you think twice about making a claim? Probably not! Psychiatric injuries are just as legitimate and therefore just as compensable!
How to make a worker’s compensation claim? A step by step guide:
Interim Payments
[Section 32 of the Return to Work Act 2014]
You may be entitled to receive interim payments while you wait for your workers’ compensation claim to be processed. If you have waited more than 10 days for your claim to be determined you must be offered interim payments. It is important to note that if your claim is rejected you may need to pay this money back. The agency will need to recover payments via debt recovery, [section 201] and it is unlikely that this will occur.
The debt recovery process occurs in the Magistrates Court of South Australia, for debts less than $100,000.00 and in the District Court of South Australia for debts exceeding $100,000.00. If the claim is for $12,000 and under the claim will be considered a minor civil claim. At the minor civil claims stage, you cannot be represented by a lawyer.
Recent changes to workers compensation in South Australia do not affect claims relating to psychological injury.
What if the sexual harassment has aggravated my pre-existing mental health issue? Can I still make a claim?
If you have been suffering from a mental health condition and the sexual harassment in the workplace has aggravated the injury, you still may be entitled to workers compensation for the aggravation. That is because the Return Work Act 2014 defines an injury that includes an injury that is, or results from, the aggravation, acceleration, exacerbation, deterioration or recurrence of a prior injury.[4]
[4] Return To Work Act 2014 section 4.
Important Extras to Remember
The Working Women’s Centre SA has today written to all major political parties, urging them to commit to tackling sexual violence in their offices. The Working Women’s Centre SA Inc said that after Brittany Higgins’ story, and revelations about other sexual assaults within political offices, political parties need mandated training for their staff about preventing and responding to sexual harassment.
Today, the Working Women’s Centre sent a letter to the secretaries of the Liberal Party, the Labor Party and the Greens at a federal and South Australian state level, as well as numerous political offices, asking them to take responsibility for addressing this issue. The Working Women’s Centre SA has proposed that all political parties engage in a tailored training program that aims to prevent and safely respond to incidents of sexual violence in the workplace.
They hope to see parties make commitments to changing their workplace culture through immediate action in line with the recommendations of the Respect@Work National Inquiry Report into sexual harassment.
Abbey Kendall, Director of the Working Women’s Centre SA, said “There is something deeply wrong when the workplaces of the country’s most powerful decision-makers are failing to maintain a safe workplace and culture for women. Given the significant resources our elected representatives and their offices have, there is no excuse for failing to provide a workplace free of sexual violence. No woman should lose her job because she is assaulted.’
‘These are not the first women working in politics to come forward with stories of sexual assault. There will be more stories, from all corners of politics. The systems, the attitudes, and the culture all need to change.’
‘For us, this is not about party politics. This is about ensuring that every working woman in the country can work safely and without fear of sexual violence or harassment. Every political party in the country needs to act.’
Media contact:
Abbey Kendall
08 8410 6499
abbey@wwc.org.au
